PAPUA NEW GUINEA

VILLAGE COURTS (AMENDMENT) ACT 2014

No. 7 of 2014
Certified on: 22 MAY 2014

ARRANGEMENT OF SECTIONS.
1. New Section 1A.
	"1A. COMPLIANCE WITH CONSTITUTIONAL REQUIREMENTS."
2. Interpretation (Amendment of Section 1).
3. New Sections 2A and 2B.
	"2A. OBJECTS OF THIS ACT."
	"2B. VILLAGE COURT PRINCIPLES."
4. Village Court Secretariat (Amendment of Section 3).
5. Minister may cause inspection (Amendment of Section 10).
6. New Section 14A.
	"14A. NUMBER OF VILLAGE COURT OFFICIALS."
7. Recommendations as to appointment of Village Magistrates (Amendment of Section 16).
8. New Sections 16A and 16B.
"16A. CRITERIA FOR RECOMMENDATIONS UNDER SECTION 16"
	"16B. TIME FOR RECOMMENDATIONS UNDER SECTION 16."
9. Appointment of Village Magistrates (Amendment of Section 17).
10. New Section 18A.
	"18A. PERIOD OF APPOINTMENT OF VILLAGE MAGISTRATES, CHAIRMAN AND DEPUTY CHAIRMAN."
11. New Section 19A.
	"19A. REVIEW OF PERFORMANCE OF VILLAGE MAGISTRATES."
12. Revocation of appointments of Village Magistrates (Amendment of Section 20).
13. Suspension of Village Magistrates (Amendment of Section 21).
14. Appointment of Village Court Clerk, etc., (Amendment of Section 22).
15. Suspension of Village Court Clerk, etc., (Amendment of Section 25).
16. Appointment of Village Peace Officers (Amendment of Section 26).
17. General functions and duties of Village Peace Officers (Amendment of Section 28).
18. Suspension of Village Peace Officers (Amendment of Section 33).
19. New Sections 40A and 40B.
	"40A. VILLAGE COURTS AND CHILDREN."
	"40B. RESTRICTION OF PUBLICATION OF PROCEEDINGS."
20. Extent of jurisdiction (Amendment of Section 41).
21. Penalties (Amendment of Section 42).
22. Order to perform work (Amendment of Section 44).
23. Orders for compensation, damages and debt (Amendment of Section 45).
24. Repeal and replacement of Section 48.
	"48. LIMITS OF CIVIL JURISDICTION."
	"48A. CUSTOMARY MARRIAGE."
	"48B. MOTOR VEHICLES AND SMALL CRAFT."
25. Preventive Orders (Amendment of Section 51).
26. Exercise of mediatory jurisdiction (Amendment of Section 53).
27. Settlements (Amendment of Section 54).
28. Application of custom (Amendment of Section 57).
29. General Law (Amendment of Section 58).
30. Evidence etc., (Amendment of Section 59).
31. Endorsement of order for imprisonment (Amendment of Section 68).
32. Where convicted person is under 17 years (Amendment of Section 69).
33. Failure to obey certain orders (Amendment of Section 73).
34. Order to pay compensation etc., (Amendment of Section 74).
35. Decision on appeal or review (Amendment of Section 92).
36. Badges and insignia of office (Amendment of Section 106). 
37. New Sections 111A -111C.
	"111A. RECORDS OF ORDERS OF VILLAGE COURTS." 
	"111B. DELEGATION."
	"111C. NATIONAL STANDARDS."
38. General amending provision.
39. Savings and transitional provisions.

AN ACT
entitled
Village Courts (Amendment) Act 2014, 
Being an Act to amend the Village Courts Act 1989, and for related purposes,
MADE by the National Parliament to come into operation in accordance with a notice in the National Gazette by the Head of State, acting with, and in accordance with the advice of the Minister.
1	NEW SECTION 1A.
(1) The Principal Act is amended by inserting, after Section 1, the following new section:
	"1A. COMPLIANCE WITH CONSTITUTIONAL REQUIREMENTS. 
	This Law, to the extent that it regulates or restricts a right or freedom referred to in Subdivision III.3.C (qualified rights) of the Constitution, namely ‑
	(a) freedom from arbitrary search and entry conferred by Section 44 of the Constitution; and
	(b) freedom of assembly and association conferred by Section 47 of the Constitution; and
	(c) the right to privacy conferred by Section 49 of the Constitution; and
	(d) the right to freedom of movement conferred by Section 52 of the Constitution; and
	(e) the right of equality of citizens conferred by Section 55 of the Constitution, 
	is a law that is made for the purposes of giving effect to the public interest in public order and public welfare.".
2	INTERPRETATION (AMENDMENT OF SECTION 1).
Section 1 of the Principal Act is amended by ‑
	(a) inserting the following definitions in their correct alphabetical order: 
	"child" means a person under 18 years of age;
	"Director" means the head of the Village Courts Secretariat;
	"Children's Court" means -
	(i) a Children's Court within the meaning of the Child Welfare Act 1961; and
	(ii) a Juvenile Court within the meaning of the Juvenile Courts Act 1991; and
	(iii) a Pikinini Court established under the Lukautim Pikinini (Child) Act 2009; and
	(iv) a court prescribed by the regulations; 
	"Minister" means the Minister responsible for justice matters; 
	"motor vehicle" has the meaning as in the Motor Traffic Act 1950;
	"political party" means an association, party or organisation (by whatever name known) having political aims and includes its branches and affiliates;
	"Provincial Administration" has the same meaning as in the Organic Law on Provincial Governments and Local-level Governments;
	"small craft" means a vessel that is -
	(i) used for transport at sea or in a river; and
	(ii) 10 metres or less in length; and
	(iii) powered in whole, or in part, by a motor,
	but does not include a small craft registered under the Merchant Shipping Act 1975; and
	(b) deleting the definitions of "Provincial Minister" and "Secretary.".
3	NEW SECTIONS 2A AND 2B.
(1) The Principal Act is amended by inserting, after Section 2, the following new sections:
	"2A. OBJECTS OF THIS ACT. 
	The objects of this Act are ‑
	(a) to encourage communities to use peaceful customary mediation and conflict resolution processes, wherever possible, before resorting to Village Court proceedings; and
	(b) to promote peace and harmony within communities through the fair settlement of disputes by Village Courts; and
	(c) to ensure the use of mediation by Village Courts in the settlement of all disputes, wherever possible; and
	(d) to improve access for women to Village Courts and to eliminate discrimination against women in Village Court proceedings; and
	(e) to provide access to justice for all people in Papua New Guinea regardless of where they live; and
	(f) to promote practices and procedures by Village Courts that are consistent with the basic rights guaranteed by Division III.3 (Basic Rights) of the Constitution.
	2B. VILLAGE COURT PRINCIPLES.
	(1) The objects of this Act are to be achieved through the application of the following principles:
	(a) Village Courts are to be informal, open and accessible to all; and
	(b) Village Courts are to treat all persons appearing before them fairly and impartially, and have regard to the background, gender, age and custom of those persons; and
	(c) Village Courts are to make decisions in accordance with custom and the principles of restorative justice; and
	(d) Village Courts are to make decisions as quickly as possible, and give persons appearing before them sufficient information to enable them to understand the decisions made by the Village Courts and the reasons for those decision; and
	(e) Village Courts are to encourage the use of governmental and non-governmental mechanisms to settle disputes; and
	(f) if a matter before a Village Court involves a child, the Court is to act in the best interest of the child.
	(2) A decision of a Village Court made in accordance with custom is of no force and effect to the extent that ‑
	(a) it is inconsistent with a law of Papua New Guinea; or
	(b) its application and enforcement would be contrary to the National Goals and Directive Principles and the Basic Social Obligations established by the Constitution; or
	(c) its application and enforcement would be contrary to the basic rights guaranteed by Division III.3 (Basic Rights) of the Constitution.
	(3) In this section "law of Papua New Guinea" means the laws as stipulated in Section 9 of the Constitution.".
4	VILLAGE COURT SECRETARIAT (AMENDMENT OF SECTION 3).
Section 3 of the Principal Act is amended by adding the following new subsections after Subsection (2) as follows:
	"(3) In performing its functions under Subsection (2), the Village Courts Secretariat must ‑
	(a) monitor the effectiveness of Village Courts; and
	(b) collect, collate and disseminate data on Village Courts; and
	(c) make recommendations to the Minister; and
	(d) encourage, promote and support research and public discussion on Village Courts; and
	(e) ensure national consistency in the provision of materials and training for Village Courts.
(4) The Director is responsible for the day to day management and oversight of the Village Courts Secretariat.
(5) The Director may, in writing, delegate all or any of his or her powers or functions, other than this power of delegation, to an officer or employee of the Village Courts Secretariat or a Provincial Administration.
(6) A delegation is subject to such conditions and limitations as are specified in the instrument of delegation.".
5	MINISTER MAY CAUSE INSPECTION (AMENDMENT OF SECTION 10).
Section 10 of the Principal Act is amended by inserting the words "direct the Director to" after the word "may".
6	NEW SECTION 14A.
Part IV of the Principal Act is amended in Division 1 by inserting a new section before Section 15 as follows:
	"14A. NUMBER OF VILLAGE COURT OFFICIALS.
	(1) Subject to Subsections (2) and (3), the number of Village Court Officials for a Village Court must not exceed eleven.
	(2) The Director may, in writing, determine that more than eleven Village Court officials are required for a Village Court if the Director is satisfied that ‑
	(a) sufficient funds are available to pay for the cost of the additional Village Court Officials; and
	(b) the making of the determination is -
	(i) in the public interest; and
	(ii) consistent with the objects of this Act.
	(3) The Director must specify in the determination the number of additional Village Court Officials required for a Village Court and that additional number must not exceed four.
	(4) This section does not apply to Village Court Officials appointed before the commencement of this Act.".
7	RECOMMENDATIONS AS TO APPOINTMENT OF VILLAGE MAGISTRATES (AMENDMENT OF SECTION 16).
Section 16 of the Principal Act is amended by ‑
	(a) deleting the words "As soon as practicable after" and substituting them with the word "Following"; and
	(b) inserting, after the word "persons" (third occurring), the following:
	"(one of whom, so far as practicable, must be a woman)".
8	NEW SECTIONS 16A AND 16B.
The Principal Act is amended by inserting after Section 16 the following new sections:
	"16A. CRITERIA FOR RECOMMENDATIONS UNDER SECTION 16. 
	(1) Subject to Subsection (2), the Director may submit a person's name under Section 16, if the Director is satisfied that the person ‑
	(a) has a knowledge of custom; and
	(b) is of good character and reputation; and
	(c) is a resident of the local-level government area in which the Village Court is situated, and has been such a resident for the last two consecutive years or two consecutive years at some time in the past.
	(2) The Director must not submit a person's name under Section 16 if the person -
	(a) has a criminal record; or
	(b) is a police officer, a special constable, a community auxiliary police officer or a member of the reserve constabulary.
	(3) In this section, a person has a criminal record if the person has been convicted of an offence by a court in Papua New Guinea or elsewhere, before, on or after the date of commencement of this Act.
	16B. TIME FOR RECOMMENDATIONS UNDER SECTION 16.
	The Director must submit a person's name under Section 16 within 2 months after ‑
	(a) the date of the establishment of a Village Court; or
	(b) the Director becomes aware of the need for a Village Magistrate to be appointed to a Village Court.".
9	APPOINTMENT OF VILLAGE MAGISTRATES (AMENDMENT OF SECTION 17). 
Section 17 of the Principal Act is amended by ‑
	(a) inserting ", (2A)" after "(2)" in Subsection (1); and
	(b) inserting after Subsection (2) the following new subsection:
	"(2A) As far as practicable, at least one woman must be appointed under Subsection (1) as a Village Magistrate for each Village Court".
10	NEW SECTION 18A.
The Principal Act is amended by inserting, after Section 18, the following new section:
	"18A. PERIOD OF APPOINTMENT OF VILLAGE MAGISTRATES, CHAIRMAN AND DEPUTY CHAIRMAN.
	(1) A Village Magistrate appointed under Section 17 shall hold office for a term of three years and is eligible for reappointment.
	(2) The Chairman and the Deputy Chairman of a Village Court of a Village Court shall be appointed for a term of three years and are eligible for reappointment.".
11	NEW SECTION 19A.
The Principal Act is amended by inserting, after Section 19, the following new section:
	"19A. REVIEW OF PERFORMANCE OF VILLAGE MAGISTRATES.
	(1) As far as practicable, the Director must cause a review of the performance of each Village Magistrate to be undertaken once in every 3 years by officers of the Provincial Administration of the province in which the Village Court is situated.
	(2) Upon the completion of the review, the officer undertaking the review must prepare a written report, and give a copy of the report to the Director and the Provincial Administrator.
	(3) To avoid doubt, this section applied to a Village Magistrate appointed before, on or after the commencement of this Act.".
12	REVOCATION OF APPOINTMENT OF VILLAGE MAGISTRATES (AMENDMENT OF SECTION 20).
Section 20 of the Principal Act is amended by inserting after Paragraph (c) the following new paragraphs:
	"(ca) if he is convicted in Papua New Guinea of an offence or is convicted elsewhere by a court for or in respect of an act or omission that would, had it taken place in Papua New Guinea, have constituted an offence; or
	(cb) if he becomes a member of a political party; or
	(cc) if he stands for election to the National Parliament or a Local-level Government; or
	(cd) if he is appointed as a member of a Provincial Assembly or a Local-level Government; or
	(ce) if his performance as a Village Magistrate is unsatisfactory under a performance review under Section 19A; or".
13	SUSPENSION OF VILLAGE MAGISTRATES (AMENDMENT OF SECTION 21). 
Section 21 of the Principal Act is amended by adding at the end of the provision, the following new subsection:
	"(2) The Minister may revoke the suspension of a Village Magistrate and reinstate him.".
14	APPOINTMENT OF VILLAGE COURT CLERK, ETC., (AMENDMENT OF SECTION 22).
Section 22 of the Principal Act is amended by repealing Subsection (1) and replacing it with the following new subsection:
	"(1) The Provincial Administrator of a province must appoint, for each Village Court in the province, a Village Court Clerk and such Deputy Village Court Clerks as the Provincial Administrator thinks necessary.".
15	SUSPENSION OF VILLAGE COURT CLERK, ETC., (AMENDMENT OF SECTION 25).
Section 25 of the Principal Act is amended by adding at the end of the provision, the following new subsection:
	"(2) The Provincial Supervising Magistrate may revoke the suspension of a Village Court Clerk or a Deputy Village Court Clerk and reinstate him.".
16	APPOINTMENT OF VILLAGE PEACE OFFICERS (AMENDMENT OF SECTION 26). 
Section 26 of the Principal Act is amended by repealing Subsection (1) and replacing it with the following new subsections:
	"(1) Subject to Subsection (2), the Provincial Administrator of a province may appoint such Village Peace Officers for each Village Court in the province as the Provincial Administrator thinks necessary.
	(1A) A police officer, a special constable, a community auxiliary police officer or a member of the reserve constabulary must not be appointed as a Village Peace Officer.".
17	GENERAL FUNCTIONS AND DUTIES OF VILLAGE PEACE OFFICERS (AMENDMENT OF SECTION 28).
Section 28 of the Principal Act is amended in Subsection (2) by inserting, after Paragraph (a), the following new paragraph:
	"(ab) must maintain order in the Village Court during proceedings of the Court; and".
18	SUSPENSION OF VILLAGE PEACE OFFICERS (AMENDMENT OF SECTION 33).
Section 33 of the Principal Act is amended by adding, at the end of the provision, the following new subsection:
	"(2) The Provincial Supervising Magistrate may revoke the suspension of a Village Peace Officer and reinstate him.".
19	NEW SECTION 40A AND 40B.
The Principal Act is amended by inserting, after Section 40, the following new sections:
	"40A. VILLAGE COURTS AND CHILDREN.
	(1) Nothing in this Act prevents a Village Court from hearing a dispute or matter mentioned in Section 36 that involves a child or in which a child is the alleged offender.
	(2) The primary consideration of a Village Court is what is in the best interest of the child.
	(3) A Village Court may refer a dispute or matter that involves a child or in which a child is the alleged offender to a Children's Court if the Village Court is satisfied that -
	(a) this dispute or matter is particularly complex or serious; or
	(b) it is in the best interests of the child to refer the dispute or matter.
	(4) A child appearing before a Village Court ‑
	(a) must be given an opportunity to be heard directly by the Village Court; and
	(b) may be assisted by a parent, guardian, relative or friend who is over 18 years of age, or a suitably qualified official, approved by the Village Court.
	(5) A Village Court may order that a person not remain within the hearing of the Court if the Village Court considers it is in the best interests of a child appearing before the Village Court.
	(6) A Village Court may impose a penalty or fine on a member of a child's family instead of the child if the Village Court considers it is in the best interests of the child to do so."
	40B. RESTRICTION OF PUBLICATION OF PROCEEDINGS.
	(1) Subject to Subsection (2), a person shall not publish a report of proceedings, or the result of proceedings, before a Village Court mentioned in Section 40A unless -
	(a) the Village Court expressly authorizes the publication; or
	(b) where the publication is of a technical nature intended for circulation amongst the members of the legal, medical, teaching, psychological or social welfare professions, and authorization is given by the Director.
	(2) Nothing under Subsection (1) authorises the publication of ‑
	(a) the name of the child involved in the proceedings; or
	(b) the name of the school the child is attending; or
	(c) the name of the employer, village or place of residence of the child; or
	(d) any other particulars which are likely to lead to the identification of the child, his school, employer, village or place of residence.
	(3) A person who publishes a report of proceedings, or the result or proceedings, before a Village Court, except in accordance with this section, is guilty of an offence.
	Penalty: In the case of ‑
	(a) an natural person - a fine not exceeding K5,000.00 or imprisonment for a term not exceeding two months, or both; and
	(b) a corporation - a fine not exceeding K10,000.00.".
20	EXTENT OF JURISDICTION (AMENDMENT OF SECTION 41).
Section 41 of the Principal Act is amended in Paragraph (c) by deleting "Division 5" and inserting "Division 5 and 9".
21	PENALTIES (AMENDMENT OF SECTION 42). 
Section 42 of the Principal Act is amended ‑
	(a) in Subsection (1) by -
	(i) deleting "K200.00" in Paragraph (a) and inserting "K300.00, or K200.00 if the offender is a child"; and
	(ii) deleting "K200.00" in Subparagraph (b)(i) and inserting "K300.00, or K200.00 if the offender is a child"; and
	(iii) deleting the words "in cash or in goods" in Paragraphs (a) and (b); and
	(b) inserting, after Subsection (1), the following new subsection:
	"(1A) A fine mentioned in Subsection (1), Paragraph (a) or (b) may be paid ‑
	(a) in cash; or
	(b) by traditional money, animals, food or other things to the value of the monetary fine; or
	(c) by any combination of the above.".
22	ORDER TO PERFORM WORK (AMENDMENT OF SECTION 44).
Section 44 of the Principal Act is amended by adding, at the end of the provision, the following new subsections:
	"(2) In ordering a child to perform work, a Village Court must give appropriate consideration to the child's age, ability and circumstances, including the requirement to attend school.
	(3) Work undertaken in accordance with an order of the Village Court must be supervised by ‑
	(a) a Village Peace Officer; or
	(b) an officer of the Local-level Government for the area in which the Village Court is situated; or
	(c) another person authorised by the Village Court.
	(4) A copy of an order must, where practicable, be served on the person who is to supervise the work under the order.".
23	ORDERS FOR COMPENSATION, DAMAGES AND DEBT (AMENDMENT OF SECTION 45).
Section 45 of the Principal Act is amended by deleting "K1,000.00" and inserting "K2,000.00".
24	REPEAL AND REPLACEMENT OF SECTION 48.
Section 48 of the Principal Act is repealed and replaced with the following new sections:
	"48. LIMITS OF CIVIL JURISDICTION.
	Subject to Section 43, a Village Court has no jurisdiction under Division 4 in relation to a matter involving the ownership of land.
	48A. CUSTOMARY MARRIAGE.
	A Village Court may make an order about the status of persons married under customary law.
	48B. MOTOR VEHICLES AND SMALL CRAFT.
	A Village Court may make an order for compensation or damages in relation to a dispute involving the driving of a motor vehicle or the operation of a small craft ".
25	PREVENTIVE ORDERS (AMENDMENT OF SECTION 51).
Section 51 of the Principal Act is amended by adding, at the end, the following new subsection:
	"(7) To avoid doubt, a Village Court may make an order under this section in relation to all or any of the following:
	(a) in cases of domestic violence; and
	(b) in cases of tribal fighting; and
	(c) in all other cases of violence.".
26	EXERCISE OF MEDIATORY JURISDICTION (AMENDMENT OF SECTION 53). 
Section 53 of the Principal Act is amended by adding, at the end, the following new subsections:
	"(3) Before a Village Court attempts to reach a settlement by mediation, the Village Court must, wherever possible, suggest to the parties to the dispute that they mediate amongst themselves to settle the dispute.
	(4) If the parties to the dispute agree to the suggestion, the Village Court may appoint one or more persons as a mediator.
	(5) The mediator (if any) or one or more of the parties to the dispute must report to the Village Court on whether the mediation was held, and, if it was held, the outcome of the mediation.
	(6) The following principles must be applied in a mediation by the Village Court or any other person:
	(a) the role of the mediator is to help the parties to reach their own resolution and the mediator must not impose the his decision on the parties; and
	(b) the mediator must be neutral and not have an interest in the matter being mediated; and
	(c) all parties to the mediation must be given an opportunity to have their say; and
	(d) a party to a mediation may at any time withdraw from the mediation.".
27	SETTLEMENTS (AMENDMENT OF SECTION 54).
Section 54 of the Principal Act is amended by deleting the words "this Division" and inserting "a mediation by the parties to the dispute or a mediation conducted by the Village Court".
28	APPLICATION OF CUSTOM (AMENDMENT OF SECTION 57).
Section 57 of the Principal Act is amended by repealing Subsections (2) and (3), and replacing them with the following new subsections:
	"(2) In applying the relevant custom, a Village Court must take into account the following:
	(a) custom is not to be followed in a case if it would result in unfairness or would not be in the interest of the community as a whole; and
	(b) custom is not to be followed in a case involving a woman or a child if it is not in the best interest of the woman or child; and
	(c) if there is conflict between customs, a Village Court is to apply the custom that gives the most just outcome; and
	(d) in deciding what custom to apply, a Village Court may have regard to any source of information.
	(3) Without limiting the legislative powers of Local-level Governments in any other law, a Local-level Government has the power to make laws declaring what is to be taken as the custom relating to any matter, and such a declaration is binding on Village Courts.".
29	GENERAL LAW (AMENDMENT OF SECTION 58).
Section 58 of the Principal Act is amended by repealing Subsection (1) and replacing it with the following new subsection:
	"(1) Subject to Subsection (2) and Section 57, a Village Court must decide all matters before it in accordance with substantial justice.".
30	EVIDENCE ETC., (AMENDMENT OF SECTION 59).
Section 59 of the Principal Act is amended by adding, at the end, the following new subsection:
	"(3) Without limiting Subsection (2), a Village Court must do all of the following:
	(a) act fairly and impartially; and
	(b) give all parties an equal opportunity to be heard; and
	(c) give all parties an opportunity to present their case, including the calling of witnesses; and 
	(d) explain the reasons for the decisions made by the Village Court".
31	ENDORESMENT OF ORDER FOR IMPRISONMENT (AMENDMENT OF SECTION 68).
Section 68 of the Principal Act is amended by repealing Subsections (3) and (4) and replacing them with the following new subsections:
	"(3) Subject to Section 69, the Magistrate to whom the order for imprisonment is presented under Subsection (2) shall endorse the order if the Magistrate is satisfied that ‑
	(a) the Village Court has acted within jurisdiction; and
	(b) the Village Court has acted within its powers; and 
	(c) the person who is subject to the order for imprisonment has been found guilty by the Village Court of an offence under this Act or any other law; and
	(d) if the person who is subject to the order for imprisonment has been held in custody and detained, the holding in custody and detention of the person was carried out in accordance with the law; and
	(e) the order for imprisonment -
	(i) was neither harsh nor oppressive; and
	(ii) was warranted by the requirements of the case; and
	(iii) was proportionate to the circumstances of the case.
	(4) If the Magistrate is not satisfied of all of the matters in Paragraphs (3)(a) to (e), the Magistrate shall exercise the power of review under Section 87.
	(5) To avoid doubt, this section applies to an order for imprisonment made under Section 73 or 74.".
32	WHERE CONVICTED PERSON IS UNDER 17 YEARS (AMENDMENT OF SECTION 69).
Section 69 of the Principal Act is amended by ‑
	(a) deleting "UNDER 17 YEARS" from the heading to the section and inserting the words "A CHILD"; and
	(b) deleting the words "under the age of 17 years" in Paragraph (1)(b) and inserting the words "a child".
33	FAILURE TO OBEY CERTAIN ORDERS (AMENDMENT OF SECTION 73). 
Section 73 of the Principal Act is amended by -
	(a) deleting the comma after the word "Witnesses" in Subparagraph (1)(b)(iv) and inserting a semi colon and the word "or"; and
	(b) inserting after Paragraph (1)(b) the following new paragraph:
	"(c) a Village Court, being an order that is prescribed by the regulations,".
34	ORDER TO PAY COMPENSATION ETC. (AMENDMENT OF SECTION 74). 
Section 74 of the Principal Act is amended by ‑
	(a) repealing Subsection (1) and replacing it with the following new subsections:
	"(1) A person who fails, without reasonable excuse (proof of which is on the person), to obey an order of the Village Court under Section 45 ‑
	(a) to pay compensation; or
	(b) to pay damages; or
	(c) to repay a debt; 
	is guilty of an offence.
	Penalty: Subject to Subsection (2), imprisonment for a term not exceeding one week -
	(a) for K10.00 or part of K10.00 unpaid; or
	(b) if the amount is ordered to be paid otherwise than in money, for each K10.00 or part of K10.00 of the value of the amount not rendered.
	(1A) In addition to imposing a penalty under Subsection (1), the Village Court may, subject to Section 75, make an order for execution against the goods and chattels of the person liable to make the payment of the amount."; and
	(b) deleting "Subsection (1)(c)" in Subsection (2) and inserting "Subsection (1)".
35	DECISION ON APPEAL OR REVIEW (AMENDMENT OF SECTION 92).
Section 92 of the Principal Act is amended in Subsection (2) by inserting a new paragraph after Paragraph (e) as follows:
	"(ea) the Court -
	(i) imposed a penalty; or
	(ii) awarded an amount in compensation or damages, 
	that was excessive in all the circumstances of the case; or".
36	BADGES AND INSIGNIA OF OFFICE (AMENDMENT OF SECTION 106).
Section 106 of the Principal Act is amended by deleting the word "Minister" and inserting the words "Provincial Administrator of the province".
37	NEW SECTIONS 111A - 111C.
The Principal Act is amended by inserting, after Section 111, the following new sections:
	"111A. RECORDS OF ORDERS OF VILLAGE COURTS.
	A record of orders made by Village Courts must be made as prescribed and served on prescribed persons.
	111B. DELEGATION.
	(1) The Minister may, in writing, delegate all or any of the his powers or functions under this Act, other than this power of delegation, to the Director.
	(2) A delegation is subject to such conditions and limitations as are specified in the instrument of delegation.
	111C. NATIONAL STANDARDS.
	(1) The Director may, by instrument in writing, make national standards about all or any of the following:
	(a) training curriculum for Village Court Officials; and
	(b) procedures for inspection of Village Courts; and
	(c) reporting by Village Courts; and
	(d) uniforms, badges and other insignia for Village Court Officials.
	(2) A national standard is binding on all persons, however, it may not prescribe offences, fees or charges.".
38	GENERAL AMENDING PROVISION.
The Principal Act is amended by deleting the word "Secretary", wherever appearing in this Act, the regulations or any instruments issued under this Act and insert the word "Director".
39	SAVINGS AND TRANSITIONAL PROVISIONS.
(1) If, immediately before the date of commencement of this Act, a Village Court had more than 11 Village Court Officials, the Director is deemed to have made a determination in relation to the appointment of the additional Village Court Officials under Section 14A of this Act.
(2) If, immediately before the date of commencement of this Act, the appointment by the Director of a Village Court Clerk or a Deputy Village Clerk was in force, the appointment, on and after that date, is taken to have been made by the relevant Provincial Administrator.
(3) If, immediately before the date of commencement of this Act, the appointment by the Director of a Village Peace Officer was in force, the appointment, on and after that date, is taken to have been made by the relevant Provincial Administrator.

I hereby certify that the above is a fair print of the Village Courts (Amendment) Act 2014 which has been made by the National Parliament.
Clerk of the National Parliament.
22 MAY 2014
I hereby certify that the Village Courts (Amendment) Act 2014 was made by the National Parliament on 13 February 2014.
Speaker of the National Parliament
22 MAY 2014